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RESTOTATIVE JUSTICE POLICY OF CLASS I DRUG CONVICTS OF MARIJUANA IN DEALING WITH OVER-CAPACITY CORRECTIONAL INSTITUTIONS IN INDONESIA Risano, Alfredo; Ningtias, Ayu Dian; Yurita, Rosnia
Jurnal Independent Vol. 9 No. 2 (2021): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v9i2.338

Abstract

ABSTRACT Law Number 35 of 2009 based on Pancasila and the 1945 Constitution of the Republic of Indonesia, was implemented based on justice, protection, humanity, order, protection and security. Often the authority to try becomes a dilemma for judges when there is a conflict between certainty and a sense of community justice. So it is predictable that the high number of narcotics users greatly affects the number of prisoners/inmates of narcotics abuse cases who enter prisons/detention centers, even though the best place they need is a rehabilitation center. The government, law enforcement officers and the media always provide information about marijuana abuse, if there is abuse the public should also be given information about the 'justification' of marijuana. Here, political will is needed from the government to review policies and provide objective facts about the benefits and dangers of cannabis plants, because politically this can reduce public trust in the government. Based on the facts and explanations of the above, the researchers are interested in conducting legal research on "Restorative Justice for convicts of narcotics users Golonga1 marijuana
UTILIZATION OF CANANA AS A MEDICINE IN LEGAL PERSPECTIVE IN INDONESIA Ningtias, Ayu Dian; Risano, Alfredo; Hariati, Wida
Jurnal Independent Vol. 10 No. 1 (2022): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v10i1.343

Abstract

Abstract The main problem in this research is that there is a conflict in Article 7 and Article 8. Where Article 8 Prohibition of the Use of Narcotics Group 1 for the Purpose of Health Services, while in Article 7 Narcotics can be used for the benefit of health services. Articles in the Narcotics Law currently conflict with other articles, causing many interpretations and legal uncertainty in the enforcement of the use of cannabis plants as medicine in society. The Use of Cannabis as a Drug Perspective of Indonesian Criminal Law and Islamic Law. It can be concluded in the Indonesian Criminal Law research on the Use of Cannabis as a Drug, currently many articles related to Narcotics are still in conflict with other articles, causing uncertainty in the law against the use of marijuana as a drug. The state must be able to codify the Law on Narcotics, so that these articles do not conflict with other articles, and so that there are no more losses experienced by the community and the state in the war on drugs. Whereas in Islamic Criminal Law it refers to the Qur'an and Hadith as well as the ijtihad of scholars. Cannabis plants can be used as long as it is intended for medicinal purposes, and provides punishment in the form of ta'zir against all forms of abuse. Whereas in ijtihad scholars through the qiyas method which equates cannabis plants with khamr, it does not meet the qiyas element, where in equating it with khamr which is clearly different in terms of content, substance, or the resulting effect. So that qiyas equating marijuana with khamr cannot determine the prohibition of cannabis plants as medicine. Whereas in the maslahah al-mursalah method, as long as the use of marijuana as a drug is regulated in its use so that it gets benefits, the use of marijuana as a halal drug is used, because it is already a rule of use as a drug against experts.